Appendix 3 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 8 th November 2017 APPLICATION No: J/2010/0481/F APPLICATION TYPE: Full PROPOSAL: Planning permission to erect six wind turbines with an overall height from ground to blade tip of 111m, 33kv substation and compound, construction of internal site tracks and associated works and ancillary works, access points on the Glenmornan Road and the relocation of the temporary turbine supply compound - FEI AMENDED PROPOSAL - includes the relocation of internal access tracks, reduction in turbine numbers from nine to six and the relocation of two turbines. LOCATION: Townland of Craignagapple, approx 650m west of Legalougha Bridge and approx 200m east of Owenmore Bridge 8.5km east of Strabane, BT82 0SR APPLICANT: Brookfield Energy Systems Ltd (formerly Bord Gais Energy) ADVERTISEMENT: 23.12.2010 and 8.12.2016 STATUTORY EXPIRY: 8.1.2017 RECOMMENDATION: Approval REASON FOR PRESENTATION TO COMMITTEE: Major Application All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk This application is returned to Committee following a site inspection by members on the 17 th July 2017 Attendees: Ald Hamilton, McClintock, Bresland, Kerrigan Cllrs Hastings, Boyle, Kelly, Jackson, Gardiner, Logue, Maguire Planning: S McCracken, R McMenamin, K Donaghey
Transcript
Appendix 3
Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 8th November 2017
APPLICATION No: J/2010/0481/F
APPLICATION TYPE: Full
PROPOSAL: Planning permission to erect six wind turbines with an overall height from
ground to blade tip of 111m, 33kv substation and compound, construction
of internal site tracks and associated works and ancillary works, access
points on the Glenmornan Road and the relocation of the temporary turbine
supply compound - FEI AMENDED PROPOSAL - includes the relocation of
internal access tracks, reduction in turbine numbers from nine to six and the
relocation of two turbines.
LOCATION: Townland of Craignagapple, approx 650m west of Legalougha Bridge and
approx 200m east of Owenmore Bridge 8.5km east of Strabane, BT82 0SR
APPLICANT: Brookfield Energy Systems Ltd (formerly Bord Gais Energy)
ADVERTISEMENT: 23.12.2010 and 8.12.2016
STATUTORY EXPIRY: 8.1.2017
RECOMMENDATION: Approval
REASON FOR PRESENTATION TO COMMITTEE: Major Application
All planning application forms, drawings, letters etc. relating to this planning application are
available to view on www.planningni.gov.uk
This application is returned to Committee following a site inspection by members on the 17th July
J/2010/0194/F Erection of 1 no. meteorological mast of 70m in height for the purpose of monitoring wind and climate conditions. Planning permission for a period of 5 years is requested.
Approx. 1040m SW of the junction of Glenmornan Road and Napple Road in the townland of Craignagapple, Strabane
Approved 6.9.2010
J/2010/0030/F Retention for period of 5 years of 1 No. meteorological mast of 70m in height for the purpose of monitoring wind and climate conditions
Approximately 700m East of Glenmornan Road, Townland of Craignagapple, Strabane
Approved 12.05.2010
Appendix 3
(previously permitted under planning ref. J/2008/0581/F).
J/2008/0581/F Erection of 1 No. tubular meteorological mast of 70m in height for the purpose of monitoring wind speed data.
Approx 700m East of 60 Glenmornan Road, Townland of Craignagapple, Strabane
Approved 10.08.2009
J/2004/1015/F Substitution of 6 approved (unconstructed) wind turbines (total height of 60 metres ground to blade tip) with 6 wind turbines with slight specification alterations (total height of 66 metres ground to blade tip) and 475 metres of service roads linking with existing wind farm at Owenreagh Hill and with development taking place within existing site boundary
Owenreagh Hill, Craignagapple, Strabane, Co Tyrone
Approved 29.09.2005
J/1994/0058 Retention of temporary latex tower with wind measurement sensors
CRAIGNAGAPPLE, STRABANE
Approved 24.10.1995
J/1993/0286 Erection of 16 turbine windfarm and associated works
CRAIGNAGAPPLE, STRABANE
Approved 26.09.1995
Appendix 3
7. Policy Framework
Strabane Area Plan 2001
Regional Development Strategy (RDS) – Northern Ireland 2035
Strategic Planning Policy Statement for Northern Ireland (SPPS)
PPS 2 – Planning and Nature Conservation
PPS 3 – Access, Movement and Parking (Revised)
PPS 6 – Planning, Archaeology and the Built Heritage
PPS 15 – Planning and Flood Risk
PPS 16 – Tourism
PPS 18 – Renewable Energy (Best Practice Guide)
PPS 21 – Sustainable Development in the Countryside
Best Practice Guidance to PPS18
Supplementary Planning Guidance - Wind Energy Development in Northern Ireland’s Landscapes
8. Consultee Responses
Consultee
Responses Response dates
Issues Final position
Environmental Health
4 19.05.17 24.01.17 21.05.15 07.04.11
Cumulative noise setting with Owenreagh 1 and 2. Impact on residential amenity
No objection subject to conditions
City of Derry Airport
2 21.11.11 18.08.11
Turbines 1 and 9 to be fitted with aviation warning lights. Issues in respect of turbines 5 and 6.
No objection
Belfast International Airport
1 18.0211 None No objection
CAA - Directorate of Airspace Policy
1 14.03.11 None No objection
National Air Traffic Service
1 22.07.11 None No objection
Council for nature conservation and countryside
1 22.07.11 None No comment
Appendix 3
DARD – Forest Service
1 08.0311 None No objection
DARDNI – Fisheries Division
1 17.02.11 None No objection
DCAL – Inland Fisheries
1 10.03.11 None No objection
Strabane District Council
1 10.03.11 No expressions of opinions by members
No objection
Loughs Agency
1 08.04.11 no objection in principle, provided that all mitigation measures are implemented
Approve with conditions
Transport NI
2 12.01.17 01.03.11
Detailed information required re haulage route, passing bays etc
Linked to additional application
Shared Environmental Services
2 23.05.17 16.10.15
Proposal passed stage 2 HRA, no significant impacts on designated sites.
CEMP required prior to commencement. Approve with conditions.
NIEA - Natural Heritage
4 22.05.17 12.05.17 14.12.16 01.09.11
Active Peatland Impact on ASSI/SAC re drain/watercourse. Badgers Comments on objections
Approve subject to conditions
NIEA – Protecting Historic Monuments
1 07.03.11 Impacts on identified monument sites.
Approve with conditions
NIEA – Water Management Unit
2 22.05.17 04.03.11
Storage of fuel etc in relation to watercourse,
Approve with conditions
Rivers Agency
5 29.07.17 23.12.16 15.10.15 28.02.11 17.02.11
Access track within 100 year flood plain. Surface water run off issues. Comment on FRA
Approve with informatives
NIEA- Landscape Architects Branch
3 22.05.17 07.01.15 08.03.11
Significant impact upon Landscape Quality re juxtaposition with existing windfarms
Objections to proposal
DETI – Energy Branch
1 05.04.11 Comment of PFG targets No objection
DETI – Geological Survey
1 23.01.14 17.02.11
Risk assessment of peat slide. Turbines have been moved from areas of active peat.
No objection
Appendix 3
RSPB
2 12.01.17 16.05.11
Ornithological monitoring plan
No objection
OFCOM (NI)
1 09.08.11 Arquiva and Energis links identified as in proximity to turbines
1 19.05.11 Proximity of overhead lines Possibility of provision of further overhead and underground lines Grid issues.
No objection
Vodafone (cable and wireless, Energis)
1 01.03.11 Proximity of link identified by OFCOM
No objections
Northern Ireland Tourist Board
1 24.03.11 Impacts or turbine development upon tourist attitudes.
No objection
DRD Economics Branch
1 22.12.14 Agrees in relation to economic benefit. Several benefits are uncertain, possibly over estimated.
No objection
UK Crown Bodies D.I.O safeguarding
2 18.12.14 18.12.14
No objection No objection
UK Crown Bodies D.I.O defence estates
1 17.07.11 Turbine warning lights to be fitted
No objection
9. Representations Consideration
2 no letters of objection have been received from the general public in relation to this proposal.
The matters raised can be summarised as;
Impact on landscape quality
Impact on biodiversity
Impact on road safety
Impact on tourism
Consideration will be given to these matters in section 11 of this report.
10. Planning Assessment and Other Material Considerations
Section 6 (4) of the Planning Act (Northern Ireland) 2011 requires Council to make planning decisions in
accordance with the Local Development Plan unless other material considerations indicate otherwise. The
Appendix 3
site is located in the countryside, outside any settlement as defined in the Strabane Area Plan. The
Strabane Area Plan has no policies for wind farm development in the countryside.
The provisions of the Strategic Planning Policy Statement for Northern Ireland (SPPS) are a material
consideration. This policy document sets out the transitional arrangements that will operate until Council
has adopted a Plan Strategy for the whole of the council area. During this transitional period Council will
apply the SPPS and retained planning policy statements. In addition to the Strabane Area Plan and SPPS
the relevant policy context to be considered is also contained within:
• Planning Policy Statement 2 – Planning and Nature Conservation
• Planning Policy Statement 3 – Access, Movement and Parking (Revised)
• Planning Policy Statement 6 – Planning, Archaeology and the Built Heritage
Planning Policy Statement 15 – Planning and flood risk
• Planning Policy Statement 16 Tourism (PPS16)
• Planning Policy Statement 18 Renewable Energy (PPS18)
• Planning Policy Statement 21 Sustainable Development in the Countryside (PPS21).
• Supplementary planning guidance is also set out in the ‘Best Practice Guidance to PPS18
Renewable Energy’ BPG and ‘Wind Energy Development in Northern Ireland Landscapes’ (SPG)
published by the Northern Ireland Environment Agency (NIEA).
Policy CTY1 of PPS21 states there are a range of types of development which in principle are considered
acceptable in the countryside and that will contribute to the aims of sustainable development. It states
that planning permission will be granted for non-residential development in the countryside for renewable
energy projects in accordance with PPS18.
PPS18 is consistent with the aim of the SPPS for the siting of renewable energy facilities. Policy RE1
Renewable Energy Development of PPS18 states that development that generates energy from renewable
sources will be permitted provided the proposal will not result in an unacceptable adverse impact on five
criteria.
a) Public safety, human health, or residential amenity;
b) Visual amenity and landscape character
c) Biodiversity, nature conservation or built heritage interests
d) Local natural resources, such as air quality, water quality or quantity; and
e) Public access to the countryside
Appendix 3
Policy RE 1 also states applications for wind energy development will also be required to demonstrate a
further seven criteria:
(i) the development will not have an unacceptable impact on visual amenity or landscape character
through the number, scale, size and siting of turbines;
(ii) that the development has taken into consideration the cumulative impact of existing wind turbines,
those which have permissions and those that are currently the subject of valid but undetermined
applications;
(iii) that the development will not create a significant risk of landslide or bog burst;
(iv) that no part of the development will give rise to unacceptable electromagnetic interference to
communications installations; radar or air traffic control systems; emergency services
communications; or other telecommunication systems;
(v) that no part of the development will have an unacceptable impact on roads, rail or aviation safety;
(vi) that the development will not cause significant harm to the safety or amenity of any sensitive
receptors (including future occupants of committed developments) arising from noise; shadow flicker;
ice throw; and reflected light; and
(vii) that above-ground redundant plant (including turbines), buildings and associated infrastructure
shall be removed and the site restored to an agreed standard appropriate to its location.
Paragraph 1.12 of the SPPS indicates that any conflict between it and any retained policy must be resolved
in favour of the SPPS. Policy RE1 of PPS18 states that the wider environmental, economic and social
benefits of all proposals for renewable energy projects are material considerations that will be given
‘significant’ weight in determining whether planning permission should be granted. Paragraph 6.225 of the
SPPS however, now states that the wider environmental, economic and social benefits of all proposals for
renewable energy projects are material considerations that will be given ‘appropriate’ weight in
determining whether planning permission should be granted.
Paragraph 6.219 goes on to identify that the regional strategic objectives for renewable energy are to;
ensure that the environmental, landscape, visual and amenity impacts associated with or arising from
renewable energy development are adequately addressed; ensure adequate protection of the region’s
built, natural, and cultural heritage features; and facilitate the integration of renewable energy technology
into the design, siting and layout of new development and promote greater application of the principles of
Passive Solar Design.
Environmental, Economic and Social Benefits
Paragraph 6.218 of the SPPS states that the aim of the SPPS in relation to renewable energy is to facilitate
the siting of renewable energy generating facilities in appropriate locations within the built and natural
Appendix 3
environment in order to achieve Northern Ireland’s renewable energy targets and to realise the benefits
of renewable energy without compromising other environmental assets of acknowledged importance.
In determining all wind farm proposals, the Council is aware of the government thrust towards renewable
energy targets. Northern Ireland has a target of 40% of energy from renewable sources by 2020. The
Council has been informed (source DETI) that currently in the region of 32% is provided by renewable
sources. The proposal is a wind farm development with the potential to produce 13.8MW providing a
sustainable renewable energy supply, which will contribute towards the renewable energy target and to
carbon reduction by the displacement of 14,462 tonnes of carbon dioxide. The proposal also includes
measures to protect and, through mitigation measure, enhance the natural environment. It is considered
that risks of damage to the environment have been understood and suitable mitigation is proposed within
the ES where it is required. Following consultation with expert bodies within DAERA it is considered
potential impacts have been addressed and adequately mitigated and the proposal is considered to meet
the policy requirements of PPS18 and the SPPS.-
The SPPS also contains guidance on the materiality of community funds such as those associated with Wind
Farm proposals; Paragraph 5.71 states that “in some circumstances, community benefits may be offered
voluntarily by developers to communities likely to be affected by a development. Community benefits can
take a variety of forms including payments to the community; in-kind benefits; and shared ownership
arrangements. Whilst the Council is committed to ensuring that local communities benefit from
development schemes in their area, such community benefits cannot be considered material
considerations in decision-taking and are distinct from developer contributions and planning conditions.”
In terms of the proposed economic benefits of the proposal, it is estimated that circa £139,900 will be
generated in annual business rates equating to approx. £3.5 million for the lifetime of the project. The FEI
acknowledges that this is a gross impact as this rate payable may displace other energy producers. It is
estimated that the proposal will generate 38 job years within Northern Ireland, with an estimated 8 job
years within this figure being supported within the Derry City and Strabane District Council area. As with
any wind farm development there is the potential for leakage of these projected jobs outside the local
area. Similarly, 10 of the job years identified are for the feasibility and planning of the project which have
already been realised. A community benefit fund will be shared between community organisations around
the proposed 13.8MW Craignagapple Windfarm, at a rate of £5000 per MW, equivalent to an annual
payment of £69,000 for the 25 year lifespan of the windfarm. This is towards the upper scale of the
recommended Northern Ireland Renewables Industry Group (NIRIG) guidelines. Community Benefit
Funding would commence in the first year of operation of the windfarm if granted. The total estimated
capital value of this community fund for the lifetime of the project equates to £1,725,000.
Appendix 3
Each application must therefore be considered on its merits in terms of the impacts experienced as a result
of the proposal and of those wider benefits that it potentially offers. It is thus a matter of professional
judgement in each individual case to judge the quantifiable benefits (e.g. annual rates, potential jobs, direct
and indirect benefits, reduction in fossil fuels and contribution to the SEF targets) against the
unquantifiable benefits (e.g. community funds). This then allows that the weight to be afforded to the
specific benefits of the renewable project is determined by the local authority. Similar to the previous
approach, consideration in affording weight to the wider environmental, economic and social benefits of
this proposal is therefore based on the evidential presentation of the specific benefits of this scheme.
Council acknowledges the wider benefits as stated i.e. £139,900 generated in annual business rates & a
community fund of £1,725,000 generated across the 25 year project life.
Public Safety, Human Health, or residential amenity
Consultation with Geological Survey Northern Ireland (GSNI) and DAERA was undertaken and their
comments in relation to peat, peat stability etc indicate that subject to the appropriate mitigation detailed
within the ES documents and through condition the proposal is acceptable and meets the policy
requirements of RE1 of PPS18 and the SPPS.
In terms of electromagnetic interference consultation with CODA, Ofcom, Energis, Arquiva and other
telecoms providers have indicated that the proposal will not impact on their systems.
In order to assess the noise impacts, a noise assessment (NA) was submitted within the ES and
consequently revised with each of the FEI submissions. Figure 9.1 in the submitted FEI (shown below)
identifies noise sensitive receptors within the vicinity of the application site. The details of the NA have
been considered by the Councils Environmental Health Department (EHD) who have confirmed that they
broadly concur with its findings and offer no objection to the proposal. Furthermore EHD raised no issue
in relation to public safety or human health.
Appendix 3
Figure 7 – showing NSR in relation to amended turbine layout (Figure 9.1 within FEI)
In relation to shadow flicker for windfarm developments, a separation distance of 10 times rotor
diameter to occupied property, with a minimum distance not less than 500m, will generally apply.
Shadow flicker has the potential to impact properties within 130 degrees either side of north. At
distances greater than 10 times rotor diameter from a turbine the potential for shadow flicker is very
low. The 2014 FEI advises in para 2.1 that ‘Brookfield Renewable Energy Group identified 227
properties within the immediate vicinity of the Craignagapple Wind Farm: 208 in existence and 19
in planning. Of the 208 existing buildings, 95 are occupied. Out of these 227 properties, 1 is within
the 10 rotor diameter zone’. Having undertaken a shadow flicker analysis within the ES documents
the applicant has advised that the Likely Annual Duration Per Annum of potential shadow flicker at the
property (H1) will be approximately 13.5 hours. Considering the property is 819m from the closest
turbine, the fact that the property is owned by the project landowner and unoccupied, there will be
no significant impact in relation to shadow flicker. It is therefore my considered opinion that the
proposal will not have a significantly adverse impact upon human health or residential amenity.
Due to the size of the application site and the specific hazards attributed to the site (pluvial ponding),
a surface water management plan, drainage assessment and flood risk assessment have been included
within the ES and FEI documentation. These assessments indicated the following; the site is not in a
Appendix 3
sensitive flood risk area; the development itself is not sensitive to flooding; and the site has a relatively
high natural run-off and as such the “hard-standing” element of the proposal will not be totally
impermeable therefore the proposal will not alter the existing situation significantly in terms of flood
risk. The proposal also includes SUDS (sustainable draining) measures to minimise local drainage
pattern changes and provide an element of storage for the local increased run-off. The drainage design,
which incorporates dams, local soakaways and settlement ponds will also work to limit rapid transfer
of run-off to downstream watercourses. DAERA have considered the detail of the Drainage Assessment
and are content with the details contained within subject to condition.
Rivers Agency was consulted and following a consideration of the detail contained within both the
Drainage Assessment and the Flood Risk Assessment which accompanied the application, they offered
no objection to the proposal. The proposal is therefore considered to be in compliance with the
requirements of FLD1 of PPS15 in that all sources of flood risk have been identified and there is
adequate measures to manage and mitigate and increase in flood risk. Rivers Agency were also
consulted at the request of the Planning Committee as a consequence of the significant flooding event
in this Council area, they reiterated their previous position that this development will not have a
significant effect on flood risk within the local area.
It is therefore my considered opinion that the proposal is in conformity with policy requirements of
RE1 of PPS18, FLD1 of PPS 15 and the SPPS in terms of Public Safety, Human Health and Residential
Amenity.
Visual Amenity and Landscape Character
The Landscape and Visual Impact Assessment (LVIA) contained within the ES and Addendum
documents concludes that;
“The landscape and visual assessment has established that the proposed Development would
cause differing degrees of change to the landscape and visual baseline conditions during the
operational phase of the proposed Development. Visibility mapping and viewpoint analysis
indicate that the proposed wind farm extension, despite the use of taller turbines, adds in only a
very minor way to the overall visual footprint of the development. There will be opportunities for
direct visibility from the scattered rural settlement and villages within Burn Dennet Valley,
Faughan Valley and Foyle Valleys. Whilst local significant effects are identified the Development
will be seen within the context of the existing Owenreagh Wind Farm as a coherent group of
development.”
On receipt of the application the DOE consulted with Landscape Architects in consideration of
landscape and visual amenity. Landscape Architect are now not a statutory consultee, however
Appendix 3
council is considering their comments as material in this case. Having considered the detail of
both the ES and Addendum documents they advise that considering the sensitivity of the
landscape (AONB) and due to the juxtaposition of the proposed turbines with the existing 16
turbines at Owenreagh, the proposed development would have an unacceptable adverse impact
on visual amenity and landscape character and contend that this is supported by the guidance
outlined in the Supplementary Planning Guidance (SPG). NIEA LAB have advised specifically that;
‘In conclusion we would broadly concur with the analysis in the FEI that this wind farm may
appear like an extension to the existing Owenreagh wind farm, an area outlined clearly in the
SPG as being the most suitable within the LCA. However we consider that the addition of 6
turbines of a larger scale, height, spacing and rotational speed would be visually inconsistent
with the existing ones ie:- one set of turbines would visually jar with another. This would, in
our opinion, have a negative impact on the AONB. This is well illustrated in photomontages 4
and 20 in particular. You may wish to request the agent/applicant to look at this aspect
again and put forward appropriate solution if this is possible. There is also an issue with
overall cumulative impact on the AONB, and if the council were to approve this proposal
(which would mean a total of 22 no. turbines in the Owenreagh complex) we would wish to
state that any more extensions to this complex would be unlikely to be considered favourably
by the NED Protected Landscapes Team’.
In order that this issue be considered and weighted appropriately a full assessment must be made
of the particular public vantage points relative to the proposal, particular reference is made to the
viewpoints identified by NIEA LAB (VP 4 and 20). These have been provided as part of the LVIA by
the agent and are considered below.
Appendix 3
Figure 8
– sho
win
g locatio
n o
f viewp
oin
ts.
Appendix 3
Figure 9
– View
po
int 4
: Mo
or Lo
ugh
Picn
ic Area (w
itho
ut p
rop
osed
turb
ines)
Appendix 3
Figure 1
0 –
View
po
int 4
: Mo
or Lo
ugh
Picn
ic Area (w
ith p
rop
osed
turb
ines sh
ow
n)
Appendix 3
Figure 1
1 –
View
po
int 5
: Ho
lyhill R
oad
(with
ou
t pro
po
sed tu
rbin
es)
Appendix 3
Figure 1
2 – V
iewp
oin
t 5: H
olyh
ill Ro
ad (w
ith p
rop
osed
turb
ines)
Appendix 3
Figure 1
3 –
View
po
int 1
0: Sleiveb
eg Ro
ad (w
itho
ut p
rop
osed
turb
ines)
Appendix 3
Figure 1
4 – V
iewp
oin
t 10
: Slievebeg R
oad
(with
pro
po
sed tu
rbin
es sho
wn
)
Appendix 3
Figure 1
5 - V
iewp
oin
t 11
:Ballyn
amallagh
t, B4
8 (p
rop
osed
turb
ines n
ot sh
ow
n)
Appendix 3
Figure 1
6 –
View
po
int 1
1: B
allynam
allaght B
48 (w
ith p
rop
osed
turb
ines sh
ow
n)
Appendix 3
Figure 1
7- V
iewp
oin
t 20
: Mee
nd
amp
h R
oad
(pro
po
sed tu
rbin
es no
t sho
wn
)
Appendix 3
Figure 1
8- V
iewp
oin
t 20
: Mee
nd
amp
h R
oad
(pro
po
sed tu
rbin
es sho
wn
)
Appendix 3
The photomontages show the varying visual impacts of the proposal from numerous locations both
short range and long range views, although the visuals demonstrate that there is an impact locally this
is widely acknowledged in wind farm developments. The proposed wind farm is within the western
fringes of the Sperrins AONB, views of the site which are more critical in terms of an adverse impact
are reasonably localised, views from the south west of the proposed wind farm are broadly screened
by the existing landforms at Koram Hill and Owenreagh Hill, as such views into the AONB from western
and southern vantage points do not represent a significantly adverse impact on landscape character
and do not represent a significant impact upon the particular character of the AONB.
The table below is taken from the Best Practice Guidance and outlines the general perceptions of wind
farms within landscapes. In relation to this scheme, the turbines are undoubtedly a prominent feature
in the landscape when viewed from Glenmornan Road, however in consideration of the guidance it is
accepted that this is a likely outcome and therefore determining weight cannot be placed on such short
range views.
Viewpoint Synopsis
VP4 This viewpoint is from the public picnic area at Moor Lough. This viewpoint is approx.
2.4km from the nearest proposed turbine. All six of the proposed turbines can be seen
from this location along with all 16 operational turbines at Owenreagh.
VP5 This viewpoint is from Holyhill Road looking eastward. This viewpoint is approx. 4.5km
from the nearest proposed turbine. Three of the proposed turbines are visible with
approx. 9 of the existing turbines at Owenreagh.
VP10 This viewpoint is taken from the Slievebeg Road looking towards the north west. The
viewpoint is approx. 8.6km from the nearest proposed turbine. All six of the proposed
turbines are visible. The turbines at Owenreagh are not visible from this location.
VP11 This viewpoint is taken from the Ballynamallaght Road looking towards the west. The
viewpoint is approx. 5.8km from the nearest proposed turbine. All six of the proposed
turbines are visible along with all 16 operational turbines at Owenreagh.
VP20 This viewpoint is taken Meendamph Road looking towards the west. The viewpoint is
approx. 2.2km from the nearest proposed turbine. All six of the turbines are visible from
this location along with all 16 operational turbines at Owenreagh.
Appendix 3
Figure 19: Para 1.3.25 of Best Practice Guidance to Planning Policy Statement 18.
Viewpoints 4, 5 and 20 shown above fall within the second band of the table, i.e they are within 2-
5kms of the nearest turbines. Therefore it is accepted that the turbines are likely to be relatively
prominent features in the landscape at this distance. From these viewpoints Landscape Architects
Branch (LAB) are less concerned with the prominence of the proposed wind farm but rather its
relationship with the existing turbines at Owenreagh 1 and 2.
The turbines at Owenreagh are approx. 60m and 70m in height and have been operational for a period
in excess of ten years. There is already an impact upon the landscape character from these turbines,
this impact is not significantly adverse. The assertion by LAB that the proposed turbines would not
necessarily appear as an extension to Owenreagh is indeed correct. To require that the proposed
turbines match the size and scale of Owenreagh would place an unnecessary burden upon the
proposed operator. LAB have used guidance written by Scottish Natural in determining the nature of
the impacts in relation to the relationship between the turbines, whilst this is indeed best practice it is
not legislation to which this Council must attach weight. The particular relationship between the
windfarms is only adverse at shorter range when the disparity between scale and size of the turbines
is evident, viewpoint 4 is the most critical viewpoint when assessing this level of detriment.
Viewpoints 10 and 11 show the lessening impact that distance has upon this impact. Viewpoint 10 is
8.6km from the nearest turbine and at this distance, whilst one may be aware that the turbines are of
a different size, the juxtaposition between them does not cause an adverse visual impact. The most
pronounced impacts are therefore at short range towards the north of the proposed wind farm, these
impacts are limited to Moorlough Road and Hollyhill Road at the stretches which are adjacent to the
proposed wind farm. The reasonably localised nature of these impacts does not have a wider
significant impact upon the setting and landscape character of the AONB.
Appendix 3
In considering the cumulative impact of the proposal along with existing wind turbine development, it
is my opinion that the existing landform has the capacity to absorb the proposal with no significant
detriment to visual impact. Having considered the requirements of RE1 of PPS18 I am of the opinion
that the proposal is in compliance in that the number, scale, size and siting of turbines will not have an
adverse impact when considered in the landscape both in isolation and in accumulation with other
wind farm developments in the area.
It is acknowledged that the surrounding wider landscape accommodates existing wind farm
development, the existing cluster at Slieve Kirk sits approx. 5km to the north of this site which contains
over 30 turbines. The existing wind farm at Bessy Bell sits approx. 10 km to the south and contains over
10 turbines. Given the separation distances between these identified existing wind farms it is my
considered opinion that there will be no resultant unacceptable cumulative visual impact.
Landscape Architects remain of the opinion that the landscape and visual impacts of the proposal are
unacceptable and they have expressed concern about the cumulative impact of the growing number
of wind farms within this area as well as its impact upon the AONB, it must be considered that they are
no longer a statutory consultee and the assessment of visual impact is one for the Council to consider.
The proposal is located on the western fringes of the Sperrins AONB, and having regard to the
Supplementary Planning Guidance (SPG) it is considered that the proposal will not detract from its
character or have a significant detrimental impact on the amenity of the AONB designation.
Notwithstanding the concerns raised by Landscape Architects and the guidance afforded in the SPG,
on balance I consider the development to be acceptable in overall landscape terms, in that the impacts
will be localised and will not have an adverse impact on the integrity of the Sperrins AONB.
Biodiversity, Nature Conservation or Built Heritage interests
Following consultation with relevant expert bodies including DAERA Natural Environment Division
(NED), it is considered that the proposal is not contrary to PPS2. The reduction of the scheme to 6
turbines, the subsequent removal of T5, 6 and 7 the reorientation of T4 has moved development away
from any areas of ‘active peat’. This then has reduced the impact that the proposal will have on priority
habitat.
NED advised in their latest consultation response that;
“NED acknowledges that the revised 6 turbine layout and the FEI which has been submitted has addressed the concerns raised in our previous consultation letter, dated 12 October 2015, in particular with regard to impacts on Northern Ireland priority habitats (including active
Following assessment of the FEI, NED is largely content with the revisions made to the layout and the substantial additional information which has been provided. Although some minor concerns remain with some of the detail provided we consider that these can be addressed in final versions of the documents to be submitted and agreed by the planning authority and NIEA prior to any works commencing”.
A Habitats Regulations Assessment has also been undertaken by DAERA and they are content that any
impact can be adequately mitigated.
It is therefore considered, subject to condition that the proposal is in conformity with policy NH2 &
NH5 of PPS2, RE1 of PPS18 and the SPPS in respect of biodiversity and nature conservation.
In respect of built heritage interests, the site assessment indicated that there are no known
archaeological sites located within the proposed development area. Therefore no direct physical
impact will be placed on any sites of archaeological interest.
A total of 21 known archaeological sites and monuments are located within a 5km radius of the area
of proposed development, eight of which have been designated as of regional importance. While there
will be no direct physical impact upon any of these archaeological sites within the 5km search area,
the presence of these sites suggests that the proposed development area is located within an area of
possible archaeological interest. As such there is the potential for previously undiscovered sub-surface
archaeological remains to exist within the proposed development area. To minimise any potential
impact an appropriate mitigation and management strategy is recommended.
A total of five archaeological sites were identified for the purposes of a visual impact assessment. In all
cases it was found that the existing Owenreagh Wind Farm was visible within the same angle of view
of the identified monuments. As such the proposed new wind farm will have no discernible effect on
the setting of these monuments. The archaeological assessment submitted in the 2010 ES was
reviewed by NIEA Historical Monuments Unit (NIEA-HMU) who were satisfied that the proposed wind
farm would not adversely affect the setting of any of the identified monuments. The NIEA-HMU
response (dated 7th March 2011) also stated that NIEA-HMU was satisfied that the mitigation
measures proposed for any physical impact the development may have on archaeological features
were appropriate for a development of this nature, and made the following recommendation.
“Prior to construction commencing, an archaeological programme of works should be presented
to and approved by the Northern Ireland Environment Agency: Built Heritage. This approved
Appendix 3
programme should be incorporated into a pre-build Construction Method Statement, prepared by
the developer. The written scheme should specify the methodology and timetable for a
programme of work covering the investigation and evaluation of archaeological remains within
the site, for mitigation of any impacts through excavation or recording and preservation of the
remains in situ.”
NIEA-HMU submitted a response to this council on 13th January 2015 in relation to the 2014 FEI stating
that;
“While this development will be visible from a number of archaeological sites and monuments,
NIEA-HMU would accept the information provided by the applicant and consider that the
development would not adversely impact upon the setting of those sites and monuments.”
In relation to Listed Buildings, 11.6.4 of the 2010 Environmental Statement advised that a review of the
Historic Buildings Records was conducted. This review identified a single building recorded in the
Historic Buildings Record within the 5km search area. The building HB/10/11/7 is St Joseph’s Roman
Catholic Church. It is recorded as having been built in 1792 and is described as a five bay hall with
adjoining tower. The existing turbines at Owenreagh are visible from this location therefore the
additional turbines will also be visible, the separation distance between the proposed turbines and the
church are such that the proposed turbines will not have a significantly detrimental impact upon the
setting of the listed structure. Also given the positioning of the Church on the roadside of the Moorlough
Road, any views of the church from the public road network do not feature the existing or proposed
turbines.
Local natural resources, such as air quality or water quality
The ES documents contain chapters in relation to Hydrology and Hydrogeology; Ecology; Peat and Flora
& Fauna.
Following consultation with relevant expert bodies including DAERA Natural Environment Division
(NED) Loughs Agency and NIEA Water Management Unit, it is considered that the proposal is not
contrary to PPS2. NED initially requested the removal of turbines 2, 5 and 9 as they were within
areas of currently active peat. This amendment was provided within the FEI submitted November
2016, having considered the revised information NED has no objections to the proposed
development site subject to mitigation measures, incorporated into conditions, which have been
set out at section 11 below. A Habitats Regulations Assessment has also been undertaken by
DAERA and they are content that any impact can be adequately mitigated.
Appendix 3
NIEA Water Management Unit and Loughs Agency have also cleared the proposal in relation to
any potential impacts upon the aquatic environment and water quality. The conditions
recommended by these agencies have also been outlined in section 11.
Public access to the countryside
Access to the countryside is not hampered or impeded by the operational nature of this proposal. The
construction and delivery stage of the proposal has the potential to temporarily inconvenience public
road users for the duration of this stage, however through appropriate mitigation measures the haul
route would not represent a significant impediment for access to the countryside.
Haul Route
The ES documents include the proposed haulage routes a well as access arrangements and passing
bays for the application. Subject to final design, it is proposed to follow the haulage route as used for
the delivery of the Owenreagh turbines.
The following outlines the proposed haulage route from the A5:
In the village of Ballymagorry the haul route will take the eastern spur from the A5 onto the
Woodend Road;
The haul will then turn east on the B49 - Berryhill Road. The haul route will continue along the
B49 for a distance of approximately 1.8km before making a southward turn onto the
unclassified Art Road;
At the first intersection on the Art Road, after approximately 600m, the route again turns
eastward onto Sentry Road for a distance of approximately 250m before merging onto the
Moorlough Road;
The route will then follow the Moorlough Road for a distance of approximately 1.4km before
branching south onto the Glenmornan Road; and
The route will follow the single lane Glenmornan Road for an approximate distance of 4.3km
until the first site entrance or 5.5km to the fourth site entrance.
The Council has sought comments from TNI, the competent statutory body regarding roads
infrastructure. Following the submission of additional information in relation to details of passing bays
Appendix 3
Transport NI required more information, in order to facilitate the extent of TNI’s request additional
lands are required.
The agent has advised that they intend to submit an additional application for the entire operational
development associated with the haul route. This approach is reasonable as it can be adequately
conditioned.
The particular accesses off Glenmornan Road onto the turbine site are of a standard which is
satisfactory to Transport NI, this is an element of the proposal which is cleared by Transport NI.
Tourism
In consideration of Tourism, TSM 8 of PPS16 states that planning permission will not be granted for
development that would in itself or in combination with existing and approved development in the
locality have an adverse impact on a tourism asset such as to significantly compromise its tourism
value. The application site is located within the AONB which is a tourism asset. Consideration must be
given to whether the proposed wind farm would significantly compromise the overall tourism value of
the asset.
A 2011 visitor attitude survey (NITB, 2011) revealed that the predominant demographic for leisure
visitors to the Tyrone and Sperrins region are families and couples on a day trip. This suggests that
there is unlikely to be any significant impact on tourism activity in this area. This view is supported by
page 15 of the Northern Ireland Onshore Renewable Energy Action Plan (OREAP, (DETI 2013)) which
states that the:
“Increasing deployment of renewables, in particular onshore wind, could, if not appropriately sited,
have the potential impacts on scenic areas that are valued as a recreation and tourist resource. Various
studies have been conducted to assess the possible impact on tourism of wind farm developments and
there has been no evidence of actual negative impacts on tourism.
There are instances where wind farms have themselves become tourist attractions, bringing wider
positive tourism impacts and have improved access to the countryside. More widely, increasing levels
of renewable energy usage with a reduction in carbon emissions could build on Northern Ireland’s
image as a clean and green tourist destination.”
The study (NITB, 2011) also found little evidence of positive effects on tourism occurring in practice,
but maintained that there are opportunities for wind farms to enhance visitor attractions or become
an attraction in their own right through investment in visitor facilities.
The local views of the proposal would have the greatest visual impact, however these views would be
localised within the fringes AONB. The long range views of the application site would be from areas
Appendix 3
beyond the AONB, however there are also a number of other wind farm developments within the area
that can also be seem from within the AONB. Whilst there is the potential for the turbines to be visible
from both within and outside of the AONB it is my considered opinion that this impact would not be
so significant as to compromise the wider strategic nature of the tourism asset. The proposal is
therefore in accordance with PPS16.
PPS 18 Wider Benefits and Weighting
There is no standard formula for assessing the negative environmental impacts against the potential
wider benefits of the renewable energy project in question and thus it is a matter of professional
judgement for the decision maker in each individual case.
In this particular case the Social, economic and environmental benefits of renewable energy are
discussed throughout the submitted environmental information, but most recently in chapter 10 of
the 2016 FEI. In terms of potential environmental benefits, the ES refers to the dependence on fossil
fuels in NI and their negative environmental impacts. Renewable sources of power such as wind create
no operational waste materials. The expected installed capacity of the six turbines at Craignagapple
Wind Farm is approx. 13.8 megawatts (MW). The ES details the offset of CO2 emissions would equate
to 14,462 tonnes p.a. The importation of fossil fuels is seen as a financial burden on the NI economy
and the Srategic Energy Framework seeks to create a greater security of supply. This scheme would
therefore contribute to the SEF targets. Based on nominal 2.3 MW capacity turbines the wind farm
would be capable of 13.8MW total capacity and would produce electrical energy equivalent to the
average requirements of approximately 7,728 homes every year. This would be the equivalent
electricity demand of approximately 19% of the households in the Local Government District of Derry
and Strabane.
The FEI also estimates that there will be 8 direct job years accrued in the Derry City and Strabane
District with a further 38 nationally. The FEI does not indicate if any of these job years will be sustained
outside of the operational phase of the development. Similarly it indicates that some 7% of the overall
capital expenditure for the project will be within the DCSDC area with a further 31% being spent within
Northern Ireland. The overall cost of the project is £17.1 million which then equates to a spend of
£1.2million locally and £5.5 million regionally. These figures and allocations are based on industry
standard reports. Whilst these figures are difficult to rebut, they must be cautiously used, it is down to
my own professional judgement to weight them in the overall decision. A recent appeal decision at
Altgolan Wind Farm (J/2006/0840/F) had a similar power output and economic profile. The
commissioner advised in relation to similar economic reports used to estimate local and regional
economic impacts that:
Appendix 3
‘Whilst the Council argued that these benefits are overstated, I am satisfied they are
substantial and that it is appropriate to attach significant weight to these considerations in
the determination of this appeal’.
With this in mind it is reasonable to attach important weight to the anticipated social, economic and
environmental benefits of the proposal.
The ES considers that the benefits to the community will be of ‘significant beneficial impact’. The main
benefits as presented are considered to be in the form of local landowner payments and rate payments
(a standard rateable income of £17000 per mw, per annum equates to a minimum income £234,600 -
£3.5 Million over the duration of the project) The ES also advises of a community fund, of £5000 per
MW for the 25 year duration of the project. However, the provision of a fund and community benefits
is on a purely voluntary basis with no connection to the planning application process.
The Council is aware that wind farm developments do have the potential to attract significant
economic, social and environmental benefits in the form of rates, land rents, displacement of fossil
fuels, and contribution towards the SEF targets. These would accrue irrespective of the siting of the
wind farm and so are not necessarily particular to this site. However, they represent a significant
contribution to the NI economy if all are realised. In some instances, leakage of the stated benefits can
occur – this may be in the form of companies from outside NI coming into an area to construct the
wind farm. It must be stressed that whilst an applicant may state that it is their intention to use local
labour/companies to build out a site, there is no control over this business aspect once planning
permission has been granted. There is, therefore, no guarantee that local benefits will accrue locally
and a real possibility that financial benefits are overstated and/or open to leakage. The benefits that
are ‘known’ tend to be those such as contribution to targets, reduction in fossil fuel dependence and
reduction in greenhouse gases. Local rates will accrue and of course these will be a significant
contribution to the local Council. Some local jobs are also likely to be either created on a temporary
basis or sustained. Again it is difficult to place figures on these as it is often the case that a specialist
firm will construct the wind farm (thereby sustaining existing jobs rather than creating new ones). They
will also only be for the construction period. Some local businesses may benefit directly from purchase
of products (e.g. construction materials, aggregates, plant hire etc.) and this would be a direct benefit
to the local economy as would any indirect benefits from monies spent locally.
PPS 18 states that its aim is to facilitate the siting of renewable energy generating facilities in
appropriate locations within the built and natural environment in order to achieve NI’s renewable
energy targets and to realise the benefits of renewable energy. It is important to consider, therefore,
Appendix 3
where we are in terms of the 40% target set out by the SEF. Currently NI produces approx. 32% of its
energy requirements from renewable sources (mainly onshore wind), this application has the potential
to contribute 0.5% to this target. This application already avails of a grid connection due to its proximity
to Owenreagh 1 and 2 and as such is in a position to contribute to the targets without being
encumbered by grid issues that have affected the wider region.
In attaching significant weight to these benefits, they must then be weighed against the potential
impacts of the proposal. The main impact of the proposal is the visual impact and resultant impact on
landscape character of the AONB. The assessment outlined above demonstrates that the critical views
of the proposal are reasonably short range and in accordance with para 1.3.25 of the Best Practice
guidance, limited weight should be afforded to short range views. It is at short range views that the
juxtaposition between the existing and proposed wind farm is more evident and this impact is noted
as adverse, I would not however consider it as significantly adverse due to the short range nature of
these views.
11 Summary of Key Issues, Conclusion and Recommendation
Environmental, Economic and Social Benefits
Through consultation with DAERA it has been determined that any potential environmental
impacts can be successfully mitigated.
The project contributes to national targets for the production of renewable energy and
reducing CO2 emissions. The calculations show that a 6 turbine wind farm with a total rated
capacity of 13.8MW would offset 14,462 tonnes of CO2 per year and produce enough
electricity to supply 7,728 homes.
In terms of other economic and social benefits, it has been stated in the 2016 FEI that the
proposed wind farm is likely to generate:
a combined impact during the construction and development phase of £1.3
million and 9 job years in Derry City and Strabane;
a combined impact during the construction and development phase of £5.8
million and 44 job years in Northern Ireland;
a combined impact during the operations and maintenance of £0.3 million
and 3 jobs in Derry City and Strabane;
a combined impact during the operations and maintenance of £0.5 million
and 5 jobs in Northern Ireland;
Appendix 3
potential for local industries to diversify into, or strengthen their existing
experience, in the installation of renewable technologies;
revenue for the land owners, and other parties with interest in the wind farm
development;
rates payments of approximately £3.5 million over 25 years;
contribution to a Community Benefit Fund over the operating life of the wind
farm, which would be distributed to local community based groups, in
addition to operational effects and landowner diversification;
no significant increase or decline in the number of tourism visits to the area;
electricity output of 13.8 MWh per year;
the development complies with existing policy and strategy at an
international, European, national regional and local level; and
the project contributes to a more sustainable and secure energy supply for
the Northern Ireland region;
Public Safety, Human Health, or residential amenity
Through consultation with Environment Health, DAERA and Rivers Agency it has been
determined that potential impacts by way of noise, shadow flicker, drainage and flooding can
be successfully mitigated. It is therefore my considered opinion that the proposal is compliant
with the relevant policies in relation to safety human health and residential amenity.
Visual Amenity and Landscape Character
Notwithstanding the concerns raised by Landscape Architects and the guidance afforded in
the SPG, on balance I consider the development to be acceptable in overall landscape terms,
in that the impacts will be localised and will not have an adverse impact on the integrity of the
Sperrins AONB.
Local natural resources, such as air quality or water quality
Through consultation with DAERA it has been determined that the potential environmental
impacts can be successfully mitigated. It is therefore my considered opinion that the proposal
is compliant with the relevant policies in relation to natural resources.
Public access to the countryside
Through consultation with TransportNI it has been determined that the proposal is
compliant with the relevant policies in relation to access.
Appendix 3
CONCLUSION
In summary I have considered the proposal is acceptable. It will not cause significant harm to public
safety, human health or residential amenity. The visual amenity assessment on the landscape
concludes that whilst the proposed turbines will have a visual impact, it is not considered an
unacceptable either individually or cumulatively. The biodiversity, nature conservation and built
heritage issues have been mitigated against and will not be detrimentally impacted upon by the
proposal. Local natural resources, such as air quality or water quality will not be detrimentally
impacted upon and the public access to the countryside can be provided in accordance with the policy
guidelines.
Whilst I have considered there to be some impacts on the visual amenity and landscape character
area, bio- diversity and conservation interests of the site and the residential amenity of the area, it is
concluded that they do not give rise to an unacceptable adverse impact. These impacts must be
balanced against the wider public interest including the outlined environmental, economic and social
benefits of the proposal which I consider are substantial. Subject to the implementation of the
conditions set out below I am satisfied that the proposal meets the requirements of PPS18, PPS2 and
the relevant policies contained in the SPPS. Accordingly the proposal therefore represents a form of
development that in principle is acceptable in this area of countryside and on this basis this proposed
wind farm is recommended for approval.
12 Proposed Conditions
1. The development hereby permitted shall be begun before the expiration of 5 years from
the date of this permission.
Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.
2. No development activity, including ground preparation or vegetation clearance, shall take
place until a final Construction and Environmental Management Plan (CEMP) has been
submitted to and approved in writing by the Planning Authority. The approved CEMP shall
be implemented in accordance with the approved details and all works on site shall
conform to the approved CEMP, unless otherwise approved in writing by the Planning
Authority. The CEMP shall include the following:
Appendix 3
a) Pollution Prevention Plan, including details of the establishment of buffer zones to
watercourses and details of watercourse crossings;
b) Site Drainage Management Plan, including Sustainable Drainage Systems (SuDS), foul
water disposal and silt management measures;
c) Peat Management Plan, including identification of peat/spoil storage areas and details
of the reinstatement of excavated peat/spoil;
d) Mitigation measures for construction in peatland habitats;
e) Water Quality Monitoring Plan;
f) Environmental Emergency Plan;
g) Details of the appointment of an Ecological Clerk of Works (ECoW) and their roles and
responsibilities;
h) Draft Decommissioning Plan detailing the removal of infrastructure, protection of
habitats, pollution prevention measures and the restoration of habitats and natural
hydrological processes on the site.
Reason: To protect Northern Ireland priority habitats and species, to ensure implementation
of mitigation measures identified within the Environmental Statement and to prevent likely
significant effects on designated sites.
3. No development activity, including ground preparation or vegetation clearance, shall take
place until a final Habitat Management and Enhancement Plan (HMEP) has been submitted to
and approved in writing by the Planning Authority. The approved HMEP shall be implemented
in accordance with the approved details and all works on site shall conform to the approved
HMEP, unless otherwise approved in writing by the Planning Authority. The HMEP shall
include the following:
a) Details of pre-construction baseline habitat surveys;
b) Appropriate maps, clearly identifying habitat management areas;
c) Detailed methodology and prescriptions of habitat management measures, including
timescales and with defined criteria for the success of the measures;
d) Details of regular monitoring of habitat management measures and contingency
measures should monitoring reveal unfavourable results;
e) Details of the production of monitoring reports to be submitted to the Planning
Authority at the end of each monitoring year.
Appendix 3
Reason: To compensate for the loss of and damage to Northern Ireland priority habitats and
to mitigate for impacts to breeding birds.
4. No development activity, including ground preparation or vegetation clearance, shall take
place on site between 1 March and 31 August in any year until an Ornithological Mitigation
Strategy (OMS) has been prepared by a suitably experienced and competent ornithologist and
approved in writing by the Planning Authority. The approved OMS shall be implemented in
accordance with the approved details and all works must conform to the approved OMS,
unless otherwise approved in writing by the Planning Authority. The OMS shall include:
a) Details of the appointment of a suitably experienced and competent ornithologist, with
the power to halt works, to supervise works during the bird breeding season;
b) Details of pre-construction bird surveys, including the location of any recorded active
nests or breeding activity;
c) Details of appropriate mitigation measures to be implemented prior to any works
commencing, including the establishment of species specific buffer zones to active nests
or breeding territories (to be agreed with NIEA) and the phasing of works to avoid any
development activity within these breeding bird buffer zones;
d) Details of the timing of ground preparation and vegetation clearance to avoid
disturbance to breeding birds;
e) Details of weekly bird surveys to be conducted during the construction phase;
f) Details of appropriate mitigation measures to be implemented during the construction
phase, including, temporarily halting works and the establishment of species specific
buffer zones to active nests or breeding territories (to be agreed with NIEA);
g) Provisions for the reporting of the implementation of the OMS to the Planning Authority
after construction has commenced and at the end of each bird breeding season during
which works take place.
Reason: To protect breeding birds during the construction phase.
5. No development activity, including ground preparation or vegetation clearance, shall take
place until an Ornithological Monitoring Plan (OMP) has been prepared by a suitably
experienced and competent ornithologist and approved in writing by the Planning Authority.
Appendix 3
The approved OMP shall be implemented in accordance with the approved details and all
works must conform to the approved OMP, unless otherwise approved in writing by the
Planning Authority. The OMP shall include:
a) Details of a programme of long term bird monitoring of breeding and wintering birds,
using appropriate survey methodology, in the year of construction (year 0), and in years
1, 3, 5, 10 and 15;
b) Details of the production of monitoring reports to be submitted to the Planning
Authority within 6 months of the end of each monitoring year, including details of any
additional mitigation measures deemed necessary.
Reason: To monitor the impact of the proposal on sensitive bird species.
6. No turbine shall become operational until a Bat Monitoring Plan (BMP) has been submitted
to and approved in writing by the Planning Authority. The approved BMP shall be
implemented in accordance with the approved details, unless otherwise approved in writing
by the Planning Authority. The BMP shall include the following:
a) Details of the monitoring of bat activity across the site, using appropriate methodology,
between 1 April and 31 October, for a period of three years from when turbines become
operational;
b) Details of bat carcass searches at selected turbines, using appropriate methodology,
for a period of three years from when turbines become operational;
c) Details of the production of yearly monitoring reports, showing the results of bat
activity and carcass monitoring, to be submitted to the planning authority within 3 months
of the end of each monitoring year;
d) Provision for any contingency measures which may be deemed necessary depending
on the results of the monitoring and which shall be implemented if instructed by the
Planning Authority;
e) Provision for extending the monitoring period following review of the three years of
monitoring data and if instructed by the Planning Authority.
Reason: to monitor the impact of the proposal on bats.
Appendix 3
7. No development shall take place until details of the model of the turbine to be installed,
its noise specification, colour and finish, have been submitted to and approved in writing
by Derry City and Strabane District Council.
Reason: To protect residential amenity
8. The developer shall notify Derry City and Strabane District Council in writing of the date
of commencement of works on site and of the date when the turbines have become fully
operational.
Reason: To ensure compliance with appropriate conditions
9. The level of noise emissions at noise sensitive receptors from the combined effects of the
permitted Craignagapple wind turbines (including the application of any Tonal Penalty
when calculated in accordance with the procedures described on pages 104 - 109 of ETSU-
R-97 and any Amplitude Modulation penalty when calculated in accordance with the
procedures described in condition 8) shall not exceed the emissions values for the
approved development set out in the tables entitled ‘ETSU-R-97 Limits, Background Noise
Levels and Emission Levels’ within Appendix 9.7 of the ‘Craignagapple Wind Farm Further
Environmental Information Report’ dated the 14th November 2016.
Noise limits for any dwellings which lawfully exist or have planning permission for
construction at the date of this consent but are not listed in Appendix 9.7 shall be
represented by the physically closest locations listed in Appendix 9.7 unless otherwise
agreed by Derry City and Strabane District Council.
Reason: To protect residential amenity
10. Within 6 months of the development first becoming fully operational (unless otherwise
extended with Derry City and Strabane District Council) the wind farm operator shall at
his/her expense employ a suitably qualified and competent person to undertake a noise
survey to assess the level of noise emissions from the wind farm. The duration of such
monitoring shall be sufficient to provide comprehensive information on noise levels with
all turbines operating across the range of wind speeds referred to in Appendix 9.7 (4-12ms-
1) and covering a range of wind directions. Details of the noise monitoring survey shall be
submitted to Derry City and Strabane District Council for written approval prior to any
Appendix 3
monitoring commencing Derry City and Strabane District Council shall be notified not less
than 2 weeks in advance of the date of commencement of the noise survey.
Reason: To protect residential amenity
11. Within 4 weeks of a written request by Derry City and Strabane District Council, following
a noise complaint from the occupant of a dwelling which lawfully exists or has planning
permission at the date of this consent, the wind farm operator shall, at his/her expense
employ a suitably qualified and competent person, to assess the level of noise emissions
from the combined effects of the permitted wind turbines, at the complainant's property,
following the procedures described in Pages 102-109 of ETSU-R-97 and if necessary, those
described in condition 8. Details of the noise monitoring survey shall be submitted to
Derry City and Strabane District Council for written approval prior to any monitoring
commencing. Derry City and Strabane District Council shall be notified not less than 2
weeks in advance of the date of commencement of the noise monitoring.
Reason: To protect residential amenity
12. The wind farm operator shall provide to Derry City and Strabane District Council the
results, assessment and conclusions regarding the noise monitoring required by
Conditions 4 and 5, including all calculations, audio recordings and the raw data upon
which that assessment and conclusions are based. Such information shall be provided
within 3 months of the date of a written request of Derry City and Strabane District Council
unless otherwise extended in writing by Derry City and Strabane District Council.
Reason: To protect residential amenity
13. Wind speed, wind direction and power generation data shall be continuously logged
throughout the period of operation of the wind farm. This data shall be retained for a
period of not less than 12 months. The recorded wind data, standardised to 10m height
above ground level and relating to any periods during which noise monitoring took place
or any periods when there was a specific noise complaint, shall be provided within 3
months of the date of a written request of Derry City and Strabane District Council unless
otherwise extended in writing by Derry City and Strabane District Council.
Reason: To protect residential amenity
Appendix 3
14. Within 4 weeks from receipt of a written request from Derry City and Strabane District
Council, following an amplitude modulation (AM) complaint to it from the occupant of a
dwelling which lawfully exists or has planning permission at the date of this consent, the
wind farm operator shall submit a scheme for the assessment and regulation of AM to
Derry City and Strabane District Council for its written approval. The scheme shall be in
general accordance with:
a) Any guidance endorsed in National or Northern Ireland Planning Policy or Guidance
at that time, or in the absence of endorsed guidance,
b) Suitable published methodology endorsed as good practice by the Institute of
Acoustics; or in the absence of such published methodology,
c) The methodology published by Renewable UK on the 16th December 2013;
and implemented within 3 months of the written request of Derry City and Strabane
District Council unless otherwise extended in writing by Derry City and Strabane District
Council.
Reason: To protect residential amenity
15. Construction work, which is audible at any noise sensitive property outside the site, shall
only take place between the hours of 07.00 - 19.00 hours on Monday to Friday, 07.00 -
13.00 hours on Saturday with no such working on Sunday. Outwith these hours, work at
the site shall be limited to turbine erection, testing/commissioning works, emergency
works, or construction work that is not audible at any noise sensitive property.
Reason: To protect residential amenity
16. No in-stream river works may be carried out between 1 October and 30 April.
Reason: To avoid the salmonid spawning season and egg incubation phases.
17. Turbine micro siting must adhere to drawing 03 rev A (BHDN d002.1 Site layout, Rev L).
Reason: To ensure that turbine blades do not encroach on bat habitats and to protect
priority habitats.
Appendix 3
18. The developer shall notify the Planning Authority in writing of the date of commencement
of works on site and of the date when the turbines have become fully operational.
Reason: To ensure compliance with appropriate conditions.
19. All storm water from the development site should not be discharged to nearby
watercourses unless first passed through pollution interception and flow attenuation
measures. Storm water can carry pollutants into watercourses and high volume discharges
can alter the prevailing hydrological regime, both of which can impact on fisheries
interests.
Reason: To prevent pollution of surface waters.
20. All power lines within the site outlined in red on Figure 1a shall be located underground.
Reason: To minimise impact upon landscape character.
21. No site works of any nature or development shall take place until a programme of
archaeological work has been implemented, in accordance with a written scheme and
programme prepared by a qualified archaeologist, submitted by the applicant and
approved by the Department. The programme should provide for the identification and
evaluation of the archaeological remains within the site, for mitigation of the impacts of
the development through excavation recording or by preservation of remains and for the
preparation of an archaeological report.
Reason: To ensure that archaeological remains within the application site are properly
identified and protected or appropriately recorded.
22. There shall be no micro-siting of the turbines and ancillary development without prior
approval in writing from the Planning Authority.
Reason: To protect the integrity of priority habitats within the site.
23. This permission shall be for a limited period of 25 years from the date on which electricity
from the wind farm is first connected to the grid. Within 12 months of the cessation of
electricity generation from the site, or upon expiration of this permission, whichever is
sooner, all structures and access tracks shall be removed and all land affected by the
development restored in accordance with a decommissioning scheme submitted to and
approved in writing by the Planning Authority prior to the commencement of any
decommissioning works, or in accordance with any variation to the scheme which the
Planning Authority subsequently agrees in writing. This scheme shall include details of all
Appendix 3
works and measures to restore the site, the timeframe within which the works shall be
carried out along with proposals for aftercare for a period of 3 years after the completion
of the restoration works.
Reason: To allow effective restoration of the site.
24. No development on site shall commence until such times as the operational access details
including (but not limited to) haul route, passing bays, site access and traffic management
have been agreed in writing with Derry City and Strabane District Council.
Reason: To ensure the safety and convenience of road users.
